Eion Michael Properties, LLC v. 102 Bruckner Boulevard Realty LLC

Judgment, Supreme Court, Bronx County (Mary Ann Brig-antti, J.), entered November 19, 2015, after a nonjury trial, in favor of defendant, unanimously modified, on the law, to declare in favor of defendant as indicated herein, and, as so modified, affirmed, without costs. Appeal from order, same court (Kenneth L. Thompson, Jr., J.), entered June 12, 2012, which, to the extent appealed from as limited by the briefs, denied plaintiff’s motion for summary judgment, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

The motion court correctly determined that an issue…